R. v. West

R. v. West

Given the serious aggravating factors (threats, prolonged confinement, duct‑taping, perceived firearm, disguise), the accused's relevant criminal history including prior firearm use, and the statutory framework including s.85 consecutive requirement, consecutive and concurrent terms were imposed producing an aggregate custodial sentence of eleven years which, after specific remand and time‑served credits, results in an effective sentence of nine years and 362 days; lifetime weapons prohibition and forensic DNA order were also appropriate.

Citation
2006 NSSC 121
Parties
Crown: Her Majesty the Queen; Accused: William Fenwick West
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 April 2006
Procedural Posture
Criminal Robbery and Related Offences / Sentencing After Retrial
Outcome
Accused convicted on retrial and sentenced to an aggregate custodial term of eleven years, reduced to nine years and 362 days after credit for remand and prior time served; lifetime prohibition on possession of firearms and related items; forensic DNA sampling ordered; victim surcharge waived.
Legal Topics
Robbery, Unlawful Confinement, Use of Imitation Firearm, Sentencing Principles, Totality Principle, Pretrial Custody Credit, Victim Impact, DNA Sampling, Firearm Prohibition, Victim Surcharge
Source Language
English
Criminal Law Sentencing Firearms Law Forensic DNA Robbery Unlawful Confinement Use of Imitation Firearm Sentencing Principles +6 more

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Parties

Her Majesty the Queen

Crown

William Fenwick West

Accused

Procedural Posture

Criminal Robbery and Related Offences / Sentencing After Retrial

Legal Issues

  1. 1 Appropriate sentence for armed robbery and related offences
  2. 2 Application of the totality principle to consecutive sentences
  3. 3 Assessment of aggravating and mitigating factors including duration and fear caused to victims

Ratio Decidendi

Given the serious aggravating factors (threats, prolonged confinement, duct‑taping, perceived firearm, disguise), the accused's relevant criminal history including prior firearm use, and the statutory framework including s.85 consecutive requirement, consecutive and concurrent terms were imposed producing an aggregate custodial sentence of eleven years which, after specific remand and time‑served credits, results in an effective sentence of nine years and 362 days; lifetime weapons prohibition and forensic DNA order were also appropriate.

Court Disposition

Accused convicted on retrial and sentenced to an aggregate custodial term of eleven years, reduced to nine years and 362 days after credit for remand and prior time served; lifetime prohibition on possession of firearms and related items; forensic DNA sampling ordered; victim surcharge waived.

Orders

  • Count 5 (s.344(b) robbery of Mahone Bay BMO): six years to be served in a federal institution.
  • Count 2 (s.279(2) unlawful confinement of Terry Boutilier): two years, consecutive to the s.344(b) sentence.